Court of Appeals of New York

In a suit stemming from the attempted cancellation of a recurring two-year subscription agreement with the defendant to lease a desktop terminal, software and other equipment to access real-time financial information services offered by the company, the Appellant Division's CPLR 3211 dismissal of the complaint is affirmed, where: 1) the plaintiff did not pay any service termination fees and did not pay for services he did not receive, so no monetary damages were incurred and no violation of General Obligations Law sections 5-901 or 5-903 was stated; 2) the plaintiff's General Business Law section 3492 claim failed for lack of injury; and 3) the plaintiff's claims for equitable relief failed in light of the absence of actual injury and the defendant's waiver of its claims.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

• Jones

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Vincent J. Syracuse, Thomas H. Golden